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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioners are entitled to bail.

Summary

The petitioners, Anil Kumar and Rakesh Kumar Jaiswal, were arrested in a cyber‑fraud investigation that recovered numerous mobile phones, SIM cards, laptops, ATMs, passbooks and cheque‑books from a rented house. They were charged under multiple sections of the Bihar Narcotic (B.N.S.) Act, 2023, Section 66(D) of the Information Technology Act and Section 9(1) of the Promotion and Regulation of Online Gaming Act. The petitioners contended they were innocent, had no prior criminal record, and that only a single mobile phone was seized from each of them; they also pointed to a similar bail order granted to co‑accused in Cr. Misc. No. 19112 of 2026. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the court found no compelling reason to deny bail and ordered the petitioners to be released on a bail bond of Rs 10,000 with two sureties each.

Issues considered

  • Whether the petitioners are entitled to bail despite the serious nature of the offences under the B.N.S. Act, IT Act and Online Gaming Act.
  • Whether the petitioners pose a flight risk or threat to the investigation.
  • Whether the lack of prior criminal antecedent and similarity to other co‑accused granted bail warrant the release of the petitioners.

Legislation cited

  • Bihar Narcotic (B.N.S.) Act, 2023 — s. 112, 318(4), 319(2), 336(3), 338, 340(2), 3(5)
  • Information Technology Act — s. 66(D)
  • Promotion and Regulation of Online Gaming Act — s. 9(1)

Subjects

  • bail
  • cyber fraud
  • mobile gaming
  • IT Act
  • Online Gaming Act
  • criminal procedure
  • B.N.S. Act
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21560 of 2026
                        Arising Out of PS. Case No.-55 Year-2025 Thana- Cyber P.S. District- Buxar
                 ======================================================
           1.     Anil Kumar Son of Bechu Prasad R/o Village - Barkhi, P.S.- Samshethi,
                  Dist.- Varanasi (Banaras), U.P.
           2.    Rakesh Kumar Jaiswal @ Rajesh Jaiswal Son of Late Satish Chandra R/o
                 Village - Bhadmurganj, P.S.- Bhelupur, Dist.- Varanasi, U.P..

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Virendra Kumar
                 For the Opposite Party/s :        Mr.Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-04-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Buxar Cyber P.S. Case No. 55 of 2025 registered for the

                   offence punishable under Sections 318(4), 319(2), 336(3), 338,

                   340(2), 112, 3(5) of the B.N.S., 2023 and Section 66(D) of the

                   I.T. Act as well as Section 9(1) of the Promotion and Regulation

                   of Online Gaming Act.

                                3. The case of the prosecution, in short, is that on

                   28.11.2025, police received an information that in a rented

                   house, Anil Kumar Jaiswal and Aman Kumar Jaiswal have

                   called persons from all over Indian and they are indulged in
Patna High Court CR. MISC. No.21560 of 2026(2) dt.17-04-2026
                                            2/3




          mobile gaming and cyber fraud. On this input, police reached at

          the rented house and from there, 31 mobile phones, various SIM

          cards, 4 laptops, 2 wi-fi router, 82 ATMs, 9 passbooks and 5

          cheque-books were recovered. It is also alleged that a total of 18

          persons were arrested.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in this

          case. He also submits that the name of the petitioners finds place

          in the list and from perusal of the seizure list, it will transpire

          that only a mobile was recovered each from the possession of

          the petitioners. He further submits that similarly situated other

          co-accused persons have been granted bail by this court vide Cr.

          Misc. No. 19112 of 2026. The case of the petitioners stands on

          similar footing. Moreover, a statement has been made in para 3

          of the petition that petitioners have got no criminal antecedent

          and they are languishing in judicial custody since 30.11.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioners on bail. The above named
           Patna High Court CR. MISC. No.21560 of 2026(2) dt.17-04-2026
                                                       3/3




                     petitioners are directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                     sureties of the like amount each to the satisfaction of the learned

                     A.C.J.M.-V, Buxar in connection with Buxar Cyber P.S. Case

                     No. 55 of 2025.



                                           (Ashok Kumar Pandey, J)
subham/-

U


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